2067ORDINANCE NO. c~S D h~
AN ORDINANCE TO AMEND THE WEST MEMPHIS ZONING MAP AND ZONING
ORDINANCE 1988: ARTICLE II -ESTABLISHMENT OF ZONING DISTRICTS AND
BOUNDARIES; SECTION 1-ZONING DISTRICTS ESTABLISHED, BW-1, GENERAL
BROADWAY DLSTRICT AND BW-2, OPEN DISPLAY BROADWAY DISTRICT;
ARTICLE III -SPECIFIC REGULATIONS AND ADD SECTION 2.1- BROADWAY
DISTRICTS, PARAGRAPH A, #1- 2, B, C AND D, # 1, 2 AND 3 AND FOR OTHER
PURPOSES.
WHEREAS, application was made to the City Planning Commission to
amend the West Memphis Zoning Map and Zoning Ordinance, and after notice having
been published for the time and in the manner as provided by Ordinance No. 1988, the
matter was heard by the City Planning Commission on Wednesday, January 29, 2003, and
the Planning Commission recommended to amend the West Memphis Zoning Map and
Zoning Ordinance 1988: Article II -Establishment of Zoning Districts and Boundaries;
Section 1 -Zoning Districts Established, BW-1, General Broadway District and BW-2,
Open Display Broadway District; Article III -Specific Regulations and add Section 2.1-
Broadway Districts, Paragraph A, #1-2, B, C and D, # 1, 2 and 3.
NOW, THEREFORE, BE TT ORDAINED BY THE CITY COUNCIL OF WEST
MEMPHIS, ARKANSAS:
SECTION 1. That the West Memphis Zoning Map and Zoning Ordinance 1988, be
and the same, is hereby amended, as follows:
Zoning Map (See Attachment)
ARTICLE II -Establishment of Zoning Districts and Boundaries
Section 1: Zoning Districts Established
BW-1. General Broadway District
BW-2, Open Display Broadway District
Article III - Specifiic Regulations
Section 2.1: Broadway Districts
1.) BW-1, General Broadway District -This district is established to permit a variety of
uses including residential, office, general commercial and some industrial enterprises. The
wide range of uses allowed in this district is acceptable due to the historic nature in which
the area developed. This is the central business district for West Memphis and it has tong
been home to an unconventional mix of uses. This district attempts to preserve its historic
character and mitigate the varied uses by supplementing the zoning regulations with
additional development criteria.
2.) BW-2, Open Display Broadway District -This district is established to permit a variety
of uses including residential, office, some industrial, general and open display commercial
enterprises. The wide range of uses allowed in this district is acceptable due to the historic
nature in which the area developed. This section of town is adjacent to the central business
district and has also been home to a diverse mix of uses. However, this area is also suitable
for larger scale development and retail sales with outside displays such as automobile
dealerships. This district attempts to mitigate the potential impacts of the varied uses by
supplementing the zoning regulations with additional development criteria.
B. Permitted Uses
The permitted uses in the Broadway Districts are set forth below. Where the letter "X"
appears opposite a permitted use and underneath a BW Zoning Districts, the listed use is
Ordinance No. a.b L ~
page two
permitted in that district subject to: (1) the providing of off-street parking in the amount
required; (2) conformance to the special conditions applying to certain uses as set forth in
Article V; and (3) the providing ofoff-street loading in accordance with Article Vl, section
2. Where the letters "SP" appear instead of an "X", this use is permitted subject to
acquiring a Special Use Permit as set forth in Article IV.
ZONING DISTRICT
~'~ ~~
Advertising Displays Sign, Printing X X
Air Conditioning and Heat Equipment X X
Amusement, Commercial X X
Animal Hospital, Kennel, Pound or Shelter X X
Animal and Husbandry, Dairying or Pasturage
Animal and Poultry Husbandry, Dairying or Pasturage, but
not the keeping or Feeding of Swine or Poultry
Apparel or Other Teztile Products X X
Appliance Repair X X
Art Gallery or Museum X X
Asphalt or Asphalt Products
Auction Room; Auctioneer SP
Auditorium X X
Auto Repair Garage (See Footnote # 1) X
Auto Service Station (See Footnote # 2) X X
Automobile Accessory and Supply Store X X
Automobile Bus or Truck-Painting or Body Shop (See
Footnote # 1) X
Automobile Car Wash X X
Automobile/Truck Sales, New and Used (See Footnote # 1) X
Automobiles, Trucks or Trailers
Auto Wrecker Service, Subject to Article V
Automobile Wrecking, Salvage or Junkyard
Baked Goods, Candy, Bread, Dairy, and Ice Cream
Manufacturing X X
Ordinance No. a n ~ 7
page three
ZONING DISTRICT
BW-1 ~~
Barber or Beauty Shop X X
Beverages, Non-Alcoholic, Manufacturing X X
BoatslMarine Rental, Repair, Sales (See Footnote # 1) X
Boats, Building
Book Binding X X
Book or Stationary Store X X
Bottling Works X X
Bowling Alley X X
Building Materials and Supplies, Including Sale of Lumber X X
Bus Station X X
Campground, RV. Park
Carnival, Circus or Similar Temporary Amusement
Enterprise Subject to Article V
Carpentry, Custom Woodworking or Furniture Making X X
Catering Service X X
Cement, Lime or Plaster-of-Paris
Cemetery/Mausoleum
Ceramic Products-Brick, Tile, Clay, Glass, Porcelain X X
Chemicals, compounding or Packaging
Christmas Tree Sales, Temporary, Subject to Article V X X
Automobile Wrecking, Salvage or Junkyard
Church or Other Place of Worship X X
Church Nursery or Day Care X X
Clinic, Dental, Medical, or Osteopathic, Chiropodist X X
Clothing, custom Manufacturing or Altering for Retail,
Including Tailoring X X
Club or Lodge, Private X X
Cold Storage X X
Community Building X X
Ordinance No. 1 n 6 ~
page four
ZONING DISTRICT
~~ ~ '~-2
Construction Site Without Heavy Equipment or Material
Storage X X
Construction OfficeBuilding, Equipment Repair, Sates, or
Contractor Storage Yard
Cotton Ginning or Processing
Custom Sewing X X
Day Care Center, Subject to Article V, Section 5 X X
Dry Cleaners, Laundry X X
Drugstore or Pharmacy X X
Duplication Shop X X
Dwelling for Resident Security Guard or Caretakers ,
Employed on the Premises X X
Eating Place, All Kinds X X
Electrical Appliances, Equipment and Supplies X X
Electrical Substation
Exterminator, Pest X X
Extraction of Clay, Gravel Quarrying of Rock
Farm Equipment Sales, Service, Repairs (See Footnote # 1) X
Feed and Fertilizer Sales X X
Fertilizers
Field Crops, Floriculture, Greenhouse, Horticulture, Nursery,
Truck Gardening
Fireworks, Retail Sales and Storage
Florist Shop X X
Food Products, including Dairy Products, Bakery Products,
Candy, Fruit and Vegetable Processing and Canning, Packing
and Processing of Meat and Poultry, but not including
Distilling of Beverages, Slaughtering of Animals or Poultry, or
Manufacture of Vinegar or Pickles
Food Products, including Slaughtering of Animals or Poultry,
or Manufacture of Vinegar or Pickles
Freight Depot, Railroad, Truck or Barge
Funeral Home, Mortuary or Undertaking Establishment X X
Gases or Liquids, Flammable, Storage of
Ordinance No. d
page five
ZONING DISTRICT
BW-1 $~~
Golf Course, Including Commercially Operated Range or
Miniature Golf Course X X
Grain Elevator
Grain. Milling or Processing
Group Shelter X X
Hair, Felt, Feather, or Leather Products X X
Hardware X X
Hardware, Industrial Sales
Hauling, Moving or Storage Company X X
Health Studio or Spa X X
Highway or Street Maintenance Garage, Yard of Similar
Facility
Home Center X X
Hospital, Health Center, Institution for Aged or Children,
Assisted Care Facility X X
Hotel or Motel (See Footnote # 1) X X
Ice, Dry or Natural X X
Industrial Uses Not Listed
Interior Decorating Shop X X
Jewelry X X
Kennel X X
Laboratory, Research or Testing
Laundry Plant
Library X X
Light Fabrication and Assembly Process X
Limited Accessory Use Apartments X X
Liquor Sales, for Consumption off the Premises (See
Footnote # 1) X X
Livestock Auction Sales, Barn and Pens
Machines, Machine Tools
Machine or Welding Shop (See Footnote # 1) X
Ordinance No. ~. n co ~
page siz
~ r
ZO NIN(T ll1 a~rKll:1
RW-1 ~=?
Mattresses, including Rebuilding or Renovating X X
Mini-warehouses X
Mobile Home, Sales and Service (See Footnote # 1) X
Mobile Home, Subdivision and Parks
Monument Sales
Monument Works
Motorcycle Sales and Service (See Footnote # 1) X X
Multi-Family Dwellings as per R 4 District Requirements X X
Newspaper Offices, Print Shop X X
Nursing or Convalescent Home X X
Nursery, Plants and Stock, Outdoor Retail Sales
Offices, Medical and Professional X X
Office Warehouse X X
Orthopedic or Medical Supplies X X
Paint, Enamel, Lacquer, Turpentine, Varnish
Paper Manufacturing or Processing
Park or Recreational Facility X X
Personal Service Establishments including Health and Fitness
Centers intended to serve the I-1 and PBP Districts X X
Petroleum Products Storage
Plastic Products, including Luggage, Tableware, Buttons, or
Similar products X X
Plumbing, Electrical, Air Conditioning and Heating Shop X X
Post Office X X
Printing and Publishing, including Engraving or
Photoengraving X X
Race Track
Radio or TV Studio and/or Communication Tower SP
Retail Establishments not listed -with no outside sales or
display X X
Retail Establishments not listed -with outside sales or display X
Ronmin~ or Boarding House
Ordinance No. a o (0'1
page seven
7.nNiNG DISTRICT
BW-1 BW-2
Rubber Products, Natural or Synthetic
School, Business X X
School, Commercial or Trade X X
School, Public or Parochial X X
Sexually Oriented Business/ Adult Entertainment (Footnotes)
Sheet Metal Shop X X
Shoe Sales and Repair X X
Sign, Subject to Article V, Section 15 X X
Single-Family, Detached (See Footnote # 2) X X
Single-Family, Manufactured Home (See Footnote # 2) X X
Single-Family, Zero Lot Lines (See Footnote # 2) X X
Single Family, Attached (See Footnote # 2) X X
Small Tool and Equipment Rental X X
Stadium, Arena or Similar Facility X X
State Garage, Yard or Similar Facility X X
Steel Products, Fabrication and Assembly X
Stone and Gravel Processing, or Products
Studio, Photographic or Musical X X
Tar or Tar Products, Creosoting, or Similar Process
Telephone Ezchange, Shop or Garage
Theater, Indoor X X
Timber and Forestry
Tire Recapping Shop
Tool and Equipment Rental
Townhouses (See Footnote # 2) X X
Travel Bureau X X
Travel Trailer Park
Ordinance No. ~ b(p
page eight
ZONING DISTRICT
BW-1 B ~-
Warehousing and Storage
Warehousing, Inside Storage Only X X
Wholesale Establishment X X
Wood or Lumber Processing, including the Manufacture of Paper
Pulp, Furniture, or Similar Product
(* Foot Notes:) 1. Commercial permitted uses that are noted with (r~ootnote ~ i) ww onry oe auvweu u wC
property fronts on Broadway, Woods, Missouri, N. 7th, M.L. King Jr. Dr., or S. Loop.
2. Single Family Residential uses that or noted with (Footnote # 2) will mot be allowed
on property that fronts on Broadway.
C. Lot. Yard and Height Regulations
No lot or yard shall be established or reduced in dimension or area in any Broadway
District that does not meet the minimum requirements set forth in the following tables. No
building or structure shall be erected or enlarged that will cause the maximum lot coverage
or maximum height regulations to be exceeded for such district as set forth in the following
tables.
ZONING DISTRICT
LOT REGULATIONS ~~ ~~
Minimum Lot Area (Sq. Ft.) 5,000 5,000
Minimum Lot Width at Building Line (Feet) 50 50
Maximum Lot Coverage (%) ~ ~
ZONING DISTRICT
YARD REGULATIONS
(In Feet) (1) BW-1 BW-2
Minimum Front Yard 25 35
Minimum Front Yard - On Broadway between Missouri and 14th
Street
(See Footnote) 0
Minimum Rear Yard
Single Frontage Lot 12 12
Double Frontage Lot 25 25
Minimum Side Yard
Interior
When abutting property in Residential District 12 12
(*Footnote:) New buildings constructed in the area that fronts on both sides of E. Broadway from the East
center line of Missouri Street East and North to the center line of 14th Street shall maintain
the historical character of the Main Street District aesthetics, and shall comply with the
following criteria:
a. New construction shall be constructed in line with other buildings in this area, with zero
frost yard setbacit.
Ordinance No. ~ ~ ~ ~
page nine
b. No off street parking requirements for this area.
(These exemptions are allowed to the extent they shall not have the effect of reducing in any manner compliance
with all other provisions of this ordinance and regulations of the City of West Memphis, Arkansas.)
ZONING DISTRICT
HEI HT REGULATIONS (1) BW-1 ~~
Maximum Number of Feet ~ ~
Maximum Number of Stories 3 3
NOTE: (a) A building or structure may exceed the maximum heights shown provided each of it's front, side,
and rear yards are increased an additional foot for each foot such building exceeds the maximum
height.
D. Development Criteria
Unless otherwise specifically provided in this section, the following development criteria
shall apply:
1. All Broadway Districts
a. Any lighting shall be placed so as to reflect away from adjacent
residential districts. No excessive or unusual noise, odor or vibration
shall be emitted so that it constitutes a nuisance which substantially
exceeds the general level of noise, odor, or vibration emitted by uses
adjacent to or immediately surrounding the site. Such comparison
shall be made at the boundary of the site.
b. All trash receptacles and pickup shall be oriented away from the street
side of the property and adequately screened by a site-proof fence.
c. All of the lot used for the parking of vehicles or for the storage and
display of merchandise and all driveways used for vehicle ingress and
egress shall be paved in accordance with the requirements of Article
VI, Section 1.
2. Additional Development Criteria in BW 1. General Broadway District
All uses shall be restricted to closed buildings except parking lots, plant
nurseries, promotional events, and the normal pump island services of service
station operations. In addition, outdoor display of merchandise is allowed in an area
equal to one-half of the facade area of the front of the building as long as said
display of merchandise is stored inside the building or other completely enclosed
area after normal working hours. In addition, any Special Use Permit Accessory Use
with outdoor display of merchandise will be allowed as long as said display of
merchandise is stored inside the building after normal working hours. No required
parking can be used for outside display and access ways cannot be blocked.
3. Additional Development Criteria in BW 2 O eta n Display Broadway District
a. All servicing of vehicles and assembly of equipment carried on as an
incidental part of the sales operation shall be conducted within a
completely enclosed building.
b. No article or material stored or offered for sale in connection with the
permitted or conditional uses listed herein shall be stored or displayed
outside the confines of a building unless it is so screened by a
Ordinance No. ~~ ~~
page ten
permanent opaque screening fence or wall so that it cannot be seen
from an adjoining iot. The following screening and display criteria
shall apply to uses located in the "BW-2, Open Display Broadway
District.
1. The height of any opaque screening fence or wall shall not be less than
6 feet.
2. Automobile, truck, tractor, mobile home, boat or motorcycle sales
areas are not required to screen fully assembled merchandise which is
ready for sale.
3. No permanent open display will be permitted on sidewalks or public
right-of--way.
4. Automobile service stations shall be permitted open display of
merchandise commonly sold by such operations as long as the area of
said display is not larger than an area equal to one-half of the facade
area of the front of the building.
SECTION 2. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
ADOPTED THIS 6 DAY OF 1' I I ASR C ~ , 2003.
~~
~~
WILLIAM H. JO SON, MAYOR
ATTEST:
PH ARA, CITY CLERK
SPONSOR:
~~CEIV~
CITY CLERKS OFFICE
DATE/fIME l,~ ~ 2" Z D ~~
FROM C /,•
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